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Hidayat Intiqalat Mutation Rules Under Revenue Laws (Jammu And Kashmir)

The Oxford Dictionary defines the word mutation as an action or process of change in the form or structure. In revenue parlance, the mutation is the transfer of right or ownership by any legal mode of transfer or inheritance of the landed property from one person to another person or persons as laid down in various classes of mutations. When a right holder dies, his name is removed from the record and his/her successor/ successors, entitled to inherit are brought on record, through the mode of mutation.

It is in place to mention that Standing Order 23-A, contains detailed instructions for the Revenue Agency right from Patwari to the Revenue Officers, at all levels of attesting and appellate officers which should be strictly followed.

Para 106 of the Standing Order 23-A pertains to the instructions for Officers which lays down that the Revenue officers are required to make themselves familiar with the instructions as laid down in the Hidayats and they should question their subordinates from time to time to ascertain that they are acquainted with these instructions. Any point which seems doubtful should be referred to their superiors for clarifications.

Part 104 lays down that mutations against the statutory provisions are not recognized by law as held in a case titled Bawa Sewa Nand Chela Shanker v. State of J&K {1} that transfers that are not recognized by law are void and cannot be enforced by mutations and that mutation cannot be carried out of a transaction which contravened an express provision of the statutory law.

Mutation means an alteration of an entry in the revenue record. The object of mutation is to bring entries in Record of Rights updated, as held by the Hon'ble High Court of J&K in case Rasheeda Akhtar v. State of Jammu and Kashmir {2}. Mutations are attested to update and keep the record straight. Mutation does not confer any title.

Mutations are made for the collection of rent as held by the Hon'ble High Court of J&K in the case titled Suram Chand v. State and others {3}. The court held that the entries made in the revenue record are not conclusive proof of ownership and the mutation attested in favor of any party does not confer the absolute right.

The mutation is only a fiscal entry that does not confer a proprietary right on any person as held in case Nirman Singh v. Rudra Pratab Narain Singh {4}. Mutations are subject to the decisions of the civil courts. All entries in the revenue record are rebuttable in terms of section 31 of the J&K Land Revenue Act 1996.

Procedure for affecting mutations: Any person acquiring any right by inheritance, purchase, gift, mortgage, or otherwise in an estate, including occupancy/protected tenancy right, shall report such acquisition to the Patwari. In the case of a minor, the guardian can report such an incident. The patwari shall enter in the register of mutation every such report and also shall record the fact in his Roznamcha Waquati. No alteration in Jamabandi is allowed without the orders passed by the Revenue officer, on mutations.

Role Of Girdawar Qanungo, Naib Tehsildar And Tehsildar.
Girdawar Qanungo when on tour to the circle shall check the patwar register and shall verify the mutation with the exiting entries of Jamabandi and shall record his certificate on both, the Parat Parwar and Parat Sarkar that the Surat Sabiq entries are correct as per jamabandi. However, Naib Tehsildar shall attest only to undisputed mutations.

Naib Tehsildar and Tehsildar while on tour to the Halqa shall enquire into the entries of the mutation register and may pass such orders as they think proper. However, Naib Tehsildar shall attest only to undisputed mutations.

Where during the course of preparation or revision of record any dispute arises, the Revenue Officer of the rank of Tehsildar shall hold a summary inquiry into the title and pass such orders as are found physible. No order shall be passed on a disputed mutation without giving an opportunity of being heard to the parties. A fair inquiry is required to be conducted before passing an order.

Fair inquiry: fair inquiry shall mean that the interested parties are properly summoned and heard in presence of the village Lamberdar, Chowkidar, and zamindars to witness the proceedings. In case a party fails to turn up on the date of spot inquiry, shall be given another opportunity to appear and put forth their point of view. The absence of a party is no ground for rejecting the mutation. No ex-party conclusion should be drawn hurriedly.

Types of mutations
  1. Succession or inheritance: Succession pertains to legal heirs of the deceased and includes Khana Nasheen daughter, and adopted sons. It also includes the succession due to the remarriage of a widow or daughter. Naib Tehsildar and Tehsildar is competent to attest such mutations.
  2. Partition of a holding, privately or by an order of a Revenue Officer.
  3. Exchange of holdings legally made.
  4. Sale, by way of a registered deed and Naib Tehsildar, is also competent to attest such mutations.
  5. Mortgages of a Property.
  6. Redemption of mortgages.
  7. Gift or bequest. Naib Tehsildar is also competent to attest such mutations.
  8. Nautor from Khata Khalsa. N aib Tehsildar is also competent to attest these mutations.
  9. Water Mills, jandhars and gharats. Naib Tehsildar is also competent.
  10. Khata Khalsa for land taken up for roads, paths, and kohls.
  11. Relinquishment Deeds or dastbardari by owners.
  12. Grant of rights of occupancy or protected tenants. Naib Tehsildar is also competent to attest such mutations.
  13. Alteration of rent by occupancy and Protected tenants.
  14. Ejectment of occupancy and protected tenants. Naib Tehsildar is also competent to attest such mutations.
  15. Lease or wassidari grants.
  16. Mutations for correction of names [Sehat Naam].
  17. Mutation in the name of Managers of temples, mosques, or other religious institutions.
  18. Gair Hazir and Gairkabiz. Naib Tehsildar is also competent for such mutations.
  19. Sehat Indraj Naib Tehsildar is competent to attest only undisputed mutations and in case of dispute, Tehsildar is competent.
  20. Tabdeel Haqiat.
  21. Transfer of land from one mauza (village) to another.
  22. Alluvion and Diluvion.
  23. Shamilat Mutations. Naib Tehsildar is also competent.
  24. Consolidation of Holdings mutations.
  25. Decrees and orders passed under any law by the courts both civil and revenue courts.
  26. Mutations under Big Landed Estates Abolition Act Svt. 2007.

In the majority of cases, it is Tehsildar, Assistant collector Ist Class who is competent to attest such mutations. Mutations also include the mutations under Agrarian Reforms Act 1976 and Roshani Act 2001(now repealed).
Duties of the Patwari, Qanungo, and the Attesting Officers in respect of attestation of mutations and the procedure thereof:
Duties of Patwari: It is the duty of the village Headman (Lamberdar) and village Chowkidar to report all such matters which require a mutation to be entered and attested, particularly about the death of a landholder, protected or occupancy tenant, or otherwise. On receipt of such report or the information provided by the legal successor of a deceased person, the Patwari shall enter such mutation in the register of mutation, for the village or Estate.

The Patwari has to complete Surat Sabiq of the mutation as per the existing recorded entries, with his report in the remarks column. In Parat Patwar and Parat Sarkar, Surat Sabiq is filled by the Patwari as per the entries of last Jamabandi, leaving Surat Jadeed is completed after the orders are passed on the mutation. The report of Patwari on Parat Patwaris is brief but the report on Parat Sarkar is a detailed one.

Patwari is duty-bound to enter into the register of mutation any mutation about inheritance within a period of three months of the death of a right holder and within one month for a sale deed, after the receipt of information. In the case of failure on the part of the Patwari, he is liable to be punished with a fine or degradation unless a sufficient cause of delay is justifiable. A Patwari who receives a fee not recognized by these rules shall be liable to the punishment which may amount to dismissal from service.

Neglect of duty on the part of the Patwari should be suitably punished. Whenever a Patwari visits a village or mauza, he should enquire from the Lamberdar, Chowkidar or other zamindars whether there is any mutation to be entered should also be recorded in his Roznamcha Waquati. In case of simple inheritance, he shall write up the mutation there and then. He shall write his report, in brief, giving the source of information and shall also draw Shajra Nasab.

The signatures of the Lamberdar, chowkidar, and others present shall be obtained on Parat Sarkar. The columns of the mutation shall be carefully written. Surat Jadeed shall be completed only after the orders have been passed by the attesting officer. Patwari shall also certify that the mutation has not been entered earlier. The numbering of the mutation shall be continuous and each mutation shall be entered on a separate page. Rejected mutations shall not be entered by the Patwari unless orders are obtained on a separate file. Pencil entries, erasing, or overwriting are prohibited. In case mutations of sale, gift, or mortgage, it should indicate whether the share of Shamilat is included or not.

Duties of Girdawar Qanungo (GQ):
Girdawar Qanungo while on tour to his circle shall examine the mutation register. He shall see and verify that the Surat Sabiq of the mutation is correct and match the entries of the last Jamabandi. He, after verifying and comparing the entries, has to make his report and put his signatures on both Parats of the mutation certifying that the entries are correct.

In the case of Nauto (newly broken fields, shall measure the boundaries of the broken fields on spot and shall prepare Aks Khaka for the mutation. Similarly, he has to do a similar exercise in cases of private partition. Girdawar shall verify that the mutation has not previously been entered or rejected by the attesting authority. Girdawar shall not, however, call the parties unnecessarily for questioning. All facts need to be recorded by the Girdawar Qanungo in the Fard Partal register.

In the case of Nautor (newly broken fields GQ shall ensure that no Kuhl or road is obstructed or no damage is done to the camping grounds, cremation yards, graveyards, or other places of common interest. In the case of Khalsa and Banjar areas, he will carefully check the number of trees and shall record the same in his report. In case of private partition by the landholders, the GQ has to show and demarcate boundaries to the parties on spot. He will examine the report of the patwari. It is not the duty of the GQ to call parties, record their statements or give his opinion as to what orders should be passed. It is equally important for the Attesting Officers to see before attesting the mutation that it has been verified and Compared by the GQ and in absence of such verification the Revenue Officer shall personally check the entries before attesting the mutation.

Under these rules, a Revenue Officer has the powers to enforce the attendance of the parties. In case he feels that the attendance of a party shall amount to inconvenience and undue expenditure, the information can also be obtained through interrogatories through Band Sawal, a person�s, residence. The statement can also be obtained through the Tehsildar of the Tehsil if a person resides outside his jurisdiction. In case of disputed mutations, the statements of the parties and the witnesses shall be recorded and their signatures are obtained on Parat Sarkar of the mutation. An exhaustive inquiry is warranted to reach a logical conclusion. In case an Attesting Officer rejects a mutation, the grounds of rejection shall be recorded. It may be in place to mention that a wrongful rejection of a mutation may drag the parties to unnecessary litigation, inconvenience, and waste of time and money.

Instructions for the Attesting Officers:
The attesting Officer must attest all the mutations entered before drawing up a new jamabandi. All changes since occurred need to be updated and recorded. The genealogical tree (Shajra Nasab) is also updated. During the tour by a Revenue Officer to an estate or estates, he shall attest all the pending mutations in presence of the parties. The attesting officer shall see that there are no cuttings or overwriting or clerical errors in the mutation. He shall see that the entries of both Parats are compared by the Girdawar Qanungo. The Revenue Officer attesting the mutation shall verify the facts from the parties interested, witnesses, Lamberdar and Chowkidar, and the entries made therein shall be read out to the parties for their satisfaction and testifying the correctness of the entries. In case the parties interested are not present, he should provide them the further opportunity to appear. The absence of the parties is not the ground for rejecting a mutation.

In cases of sale and relinquishment deeds, the possession of the transferee shall be ascertained before attesting the mutation. The identification of the party's needs is ascertained both from the witnesses, Lamberdar and Chowkidar of the village. The factum of possession also needs to be verified in cases of sale, mortgage, and redemption of mortgage, gift, private partition ejectment, or relinquishment of kasht by the tenants.

The orders on mutation Parat Patwar and Parat Sarkar shall be written by the attesting officer in his handwriting and under his seal and signatures. The orders on Parat Sarkar are detailed and self speaking. The orders on Parat Partwar are written in brief.

The mutation work as for as possible should be done on sport in the village to which it pertains. Pencil entries are objectionable and should not be resorted to. The orders on Parat Sarkar shall bear all the details, found during the course of an inquiry. It is incumbent upon the attesting officer to read out the contents of orders passed, to the interested parties before obtaining their signatures or thumb impressions on Parat Sarkar.

The mutation, Parat Sarkar; should be deposited by the attesting officer in Tehsil Office without and delay and the mutation fee is deposited into the treasury under the proper Head of Account. These mutations are arranged village wise by the Tehsil Qanungo, shall form a part of the next Jamabandi. The rejected mutations are sent to the record room for the record. No fee shall be charged from Government departments for attesting mutations of acquisition of land and other mutations.

When the orders on mutation are passed by the attesting Officer, the Surat Jadeed is completed by the Patwari according to the orders passed on mutations. In case a mutation is rejected, the Surat Jadeed entries should be struck out. The Revenue Officer shall carefully see that Surat Jadeed entries of Parat Patwar and Sarkar, agree to each other and are compared by the GQ with his certificate. Statements of the Parties, Lamberdar, Chowkidar, and other witnesses present along with their signatures/thumb impressions shall be recorded on Parat Sarkar of the mutation. The attesting officer shall write his name, designation and put his signatures on both Parats of the mutation along with the date and place of attention.

The attesting Officer shall write the mutation order in his hand and the practice of writing mutation by somebody else is not only highly objectionable but illegal in the eyes of law. The number of mutations attested shall also be recorded by the Attesting Officer in Farad Partal. The Patwari Should also record the details of the mutations in his Roznamcha Waquati. All Revenue and Settlement Officials are required to make themselves familiar with the instructions contained in Hidayat. The superior Officers should question their subordinates to ascertain that they are familiar with these instructions. Any point which seems doubtful should be referred to the Superior Officers for instructions and guidelines without any hitch and hesitation.

Review of Orders passed by a Revenue Officer or his predecessor:
Were the Tehsildar or the officer below after attesting the mutation comes to know that some mistake or fraud has occurred and some new facts have emerged after passing of his orders on the mutation, by him or by his predecessor, he may apply to the District collector within a period of 90 days, seeking permission for reviewing the orders.

On receipt of such permission, the Tehsildar shall pass fresh orders but he has to hear the parties afresh. The provisions of review are not applicable after 90 days. Appeal or revision is the only remedy thereafter. Where an appeal or revision has been filed, no review shall lie.

In case the review or revision is accepted by the competent authority, it has to be given effect on the mutation itself if the original mutation has not been given effect in the Jamabandi. In case the original mutation has been given effect in the Jamanbandi, a fresh mutation shall be written and orders passed thereon according to the spirit of the orders of revision or review. The entries of Jamabandi are modified following the orders passed on a mutation.

Appeals and Revisions of mutations: Order passed on mutations by the Revenue Officers are subject to review, revision, and appeals. These orders are fiscal to keep the records straight. The detailed provisions about these are given in chapter 11, sections 11 to 15 of the Jammu and Kashmir Land Revenue Act Svt. 1996. Mutation does not confer title. It is the proceedings of fiscal nature, only to determine the revenue and cannot be evidence of title.

Mutation entries do not convey or extinguish any title and those entries are relevant only for the collection of land revenue. The orders passed on such mutations do not confer the absolute right. Those orders are always subject to change under an appeal or revision in various courts of competent jurisdiction. The jurisdiction of the High Court is always open for a writ petition. The provision of appeals and revisions are applicable as laid down in the Jammu and Kashmir Land Revenue Act Svt. 1996.

The main classes of mutations: The main classes of mutations which the Revenue Officers have to attest frequently are:
  1. Inheritance by succession:
    When a landholder dies his name will be removed from the record and that of the successors or legal heirs shall be entered in his/her place. The relatives and friends living with the deceased will always be in hurry to take possession of the property after his or her death. The Revenue Officer, therefore, while conducting the summary inquiry must pay much attention to the recorded entries than the oral statements. The village pedigree table should be followed clearly before reaching a decision. The daughter of a deceased Hindu with no male issue and the widow can also inherit as per Hindu law. A window may forfeit her right on remarriage and the mutation of inheritance will be attested in favor of the collaterals of her deceased husband. The heirs of an owner are those who are recognized by law or custom and those of occupancy tenants following the provisions contained in sections 67 and 68 of the Tenancy Act.

    The land of an owner in a Bhaichara Estate, who dies heirless, shall become Shamilat-Deh and in Non-Bhaichara estate, the land of such owners or occupancy tenants who are directly under the state shall be put to the highest bidder in an auction. In case an occupancy tenant directly under the state dies heirless and leaves tenants of Grade-B, such B-grade tenants may purchase the right by paying five times the land revenue to the Government.

    The adopted son or daughter will have the right to inherit if the adoption deed is valid and registered and the adopted son/daughter has the landed property of the deceased owner.
    Khana Nasheen (Resident Daughter) is a custom generally recognized in Kashmir valley and Ladakh. In such a case, a Khana Damad is brought for the Kahana Nasheen daughter. On the death of the father of Khana Nasheen's daughter, the property is inherited by the daughter and not by the khana Damad. On the death of khana Nasheen's daughter, the names of her sons and daughters are substituted. In the case of Khana Nasheen, daughter dies issueless, the estate will devolve on her husband till remarriage or death. On remarriage or death of khana Damad, the estate will go back to the heirs of the father of Khana Nasheen's daughter. In another case, a daughter other than Khana Nasheen shall inherit as per personal law applicable to the deceased husband.

    Under the provisions of Shri Partap J&K Laws consolidation Act Samvat 1977 the customs prevalent in society or Community were recognized as Law, but now by the advent of The Jammu and Kashmir Muslim Personal Law (SHARIAT) Application Act 2007 Consolidation Act 1997 has been repealed and it has been provided that all questions regarding succession, marriage, divorce, guardianship, gifts, etc. Shall be governed by Muslim Personal Law (i.e.) Shariat and not by the custom or usage.

    Hindu secession Act 1956, gives equal rights to sons, daughters, and the widow, in case of self-acquired property of the deceased father and one share each to daughter and widow in case of the co-parcenary estate having fallen in the share of a father.

    Law of inheritance applicable to Hindus and Muslims while attesting the mutations of inheritance by the Revenue Officers is discussed herein below:
    After the death of a Hindu who dies intestate the inheritance of the legal heirs of the deceased shall be devolved on them according to the provisions of The Hindu Succession Act 1956. The property may be of two kinds Jaddi (co-parcenery) and self-acquired (Jadeed or self-created). In the case of the Jaddi property the shares shall be worked out as under:
    S1 S2
    D1 D2 Widow
    Father + Sons multiply total heirs = 15 shares.

    Two daughters and widows will get one share each and sons will get six shares each. In case the deceased has more than one widow living each will get one share. In case the property is occupancy or protected tenancy rights, it shall go only to the male lineal descendants, in terms of section 67, of The Tenancy Act. In the case of self-acquired property (Jadeed), the property shall be inherited by all the legal heirs equally, irrespective of a male or female. An adopted son, legally adopted under the provisions of the Hindu Adoption & Maintenance Act shall have all the rights of inheritance of a natural son. A female Hindu is also allowed to adopt a son under Hindu Law, subject to the conditions as laid down in Hindu Adoption & Maintenance Act.

    In the case of Muslims, the inheritance shall be according to the Muslim Personal Law and not otherwise which has ceased to operate as of now. Adoption is prohibited among Muslims. A Muslim who does not have a male issue can appoint a Pisarparwarda, for assisting him in agriculture activities but he is not entitled to inherit, however, the person who appoints Pisarparwarda may give him some landed property out of love and affection from his estate.

    In the same manner, the custom of having a Khana Nasheen daughter among Muslims is also prevalent in some areas and tribes. The property in such case shall go to the Khana Nasheen daughter and not to the Khana damad. After the death of the Khana Nasheen daughter, khana damad shall inherit till life or re-marriage. In case the couple dies issueless, the property will revert to the co-sharers.
  2. Mutations of Sale Deeds:
    The mutation of a registered sale deed will be attested by the attesting officer, on confirming the transfer of possession. The parties are to be heard, the statement of witnesses present, Lamberdar, Chowkidar, and other prominent landholders are recorded on Parat Sarkar of the mutation with their signatures/thumb impressions. As of date, a mutation fee of Rupees one thousand is charged for each sale deed mutation within the municipal limits and Rupees one hundred outside the Municipal limits. The fee has to be deposited into the Government treasury, under the proper head of account. A mutation will only be attested if the sale and alienation of land are legally permitted.
  3. Relinquishment Deeds (Dastbardari):
    A landholder may relinquish his/her right in favor of near relations through a registered deed. The possession of the transferee has to be verified while attesting such mutation. The requisite fee is also charged and remitted into the treasury by the Attesting Officer.
  4. Mutations of Managers of Institutions:
    The appointment of the managers of institutions like temples, gurudwaras, and mosques are made by the Deputy Commissioner on the recommendations of the Tehsildar. Such, an appointment is also made on the death of the Manager who was legally appointed by the competent authority and the mutations can only be attested on receipt of such orders. Managers for the institutions are appointed for the management of the affairs of the institution concerning the maintenance of accounts of income and expenditure only. They are not entitled to sell or alienate the property by way of any mode of transfer.
  5. Sehat Indraj mutations:
    It is the correction of entries of record and is made in the following manner:
    1. Correction of clerical errors in the record such as the name, caste, tribe, residence, or other particulars which do not affect any right of a person, these changes shall be made on Fard Badar and in such cases, no mutation needs are entered in the mutation register. It also includes the corrections in the boundaries of the adjoining fields as found on the spot which does not match the field map.
    2. In other cases where the right of a person is affected by way of correction, Sehat Indraj, will be done on a mutation as laid down in Land Revenue Act or the instructions issued by the Government or the authority so authorized by the government, from time to time.

      It is significant to mention that no order can be passed without giving the parties an opportunity of being heard and the other witnesses present. The statements of the Parties, Lamberdar, Chowkidar, and the witnesses are recorded on Parat Sarkar of the mutation along with their signatures/thumb impressions, for ascertaining the possession and the identification of the parties.

      It is an important mutation and should very carefully be done after application of mind and the orders passed should be based on reasons and findings. The grounds of correction should explicitly be mentioned in the orders of correction especially in cases that are disputed. Tehsildar (Assistant collector 1st class), is competent to attest these kinds of mutation. However, Naib Tehsildar may attest to undisputed mutations only.
  6. Mutation by the orders of the Courts:
    These mutations may include the mutation under the orders of the courts or by the orders of a competent authority. All such cases shall bear the details of the orders to be written by the Patwari in red ink, in the remarks a column of the mutation, giving the tile number, the rank of the officer, and the names of the parties in brief and the brief text of the orders, These mutations shall not be sanctioned where the transfer and transactions carried out are not recognized by law and are in contraventions to the provisions of law.

    In case of such decrees, the orders for their execution shall have to be obtained from the District Collector before attesting the mutation by the attesting officer.
  7. Mutations of Sehat Naam (Correction of Names):
    The instances may come where landholders may apply for the correction of their names against the recorded entries in the revenue record, as are not correct. On receipt of such application for correction, the Tehsildar has to get a notification published, preferably in local newspapers, having the wide circulation in the area, for inviting objections for such correction. After the expiry of the period of notice, if no such objection is received, the mutation of Sehatnaam is sanctioned by the attesting officer of the rank of Assistant Collector of the first class, and the orders passed are given effect in the record. Before passing such an order a proper identification is required to be done especially when such correction is objected to by somebody.

Points to remember:
  1. Mutation register has two parts, Parat Patwar and Parat Sarkar. The register bears printed page numbers and is generally of hundred leaves.
  2. Patwan shall enter the mutation, as and when reported to him. Columns of the register should be written carefully by the Patwari along with a report in the remarks column stating that the mutation has not been entered and attested earlier. The report on Parat Sarkar is in detail and brief on Parat Patwar.
  3. The mutation has to be entered as per the existing entries in the record in Surat Sabiq and Surat Jadeed is left blank and is completed after the orders are passed by the attesting officer.
  4. Girdawar Qanungo must compare the entries of Surat Sabiq with the record and shall write a certificate that the entries made in Surat Sabiq are correct according to the record. The attesting officer must also ensure before attesting the mutation that the entries have been compared along with his certificate on both Parats of the mutation, concerning their correctness.
  5. Erasures, overwriting, and pencil entries are prohibited.
  6. The Serial number of the mutations should be continuous and no Bata numbers are allowed.
  7. The Tatima Shajras wherever required, shall be traced on the mutation sheets, particularly on a mutation of sale deeds, gift deeds, partition deeds, and mutations attested under Agrarian Reforms Act 1976, more particularly in cases of sections 7 and 12 of the Act.
  8. Parties should not be called by the girdawar unnecessarily.
  9. Attesting officers shall pass orders on the mutations after hearing the parties. A mutation shall not be rejected on the mere grounds of the absence of the parties. The attesting officer must conduct a detailed inquiry on spot, in presence of the parties, Lambardar, Chokidar, and other witnesses, and shall obtain their signatures on Parat Sarkar. The reasons for attesting or rejecting a mutation shall categorically be recorded on Parat Sarkar.
  10. The attesting officer shall write the mutation in his hand and the orders passed should be clear and speaking one.
  11. In case of mutations of sale deed, relinquishment deed, and the mortgagees, the possession of the parties must be ascertained before passing the orders. Mere registration of a deed does not confer a right and is not sufficient.
  12. The Parat Sarkar of the mutations shall be kept by the attesting officer in his custody and should be deposited in Tehsil's office forthwith after the fees are remitted into the treasury.
  13. No change in revenue record or record of rights of the landholders can be effected in the revenue record, except for the orders passed by the Revenue Officer on the mutations.
However, the clerical errors which do not tell upon the rights of the parties can be corrected on the Fard Bader.

  1. The Jammu and Kashmir Land Revenue Act Svt. 1996.
  2. The Jammu and Kashmir Partition Rules 1970.
  3. The Jammu and Kashmir Tenancy Act Svt. 1980.
  4. The Jammu and Kashmir Agrarian Reforms Act 1976.
  5. The Jammu & Kashmir Agrarian Reforms Rules, 1977, vide SRO No. 58 of Ist February 1977.
  6. Government Order No. Rev.(LB) 133 of 1989, regarding the correction of girdawari entries of Kharief 1971.
  7. The Jammu and Kashmir State Land Acquisition Act Svt. 1980 and Rules.
  8. Circular order (LB)-10/80 of 23-2-1980 issued by the Revenue.
  9. The Jammu and Kashmir Land Grants Act and Rules.
  10. Chowkidar Act and Rules.
  11. Lambardari Act and Rules.
  12. The Jammu & Kashmir Common Lands (Regulation) Act, 1956.
  13. The Jammu and Kashmir State Lands (Vesting of Ownership to the Occupants) Rules 2007. (As amended up to 2008).
  14. Public Services Guarantee Act 2011
  15. Public Services Guarantee Rules 2011 vide SRO 223 dated 21-07-2011 issued by GAD.
  16. Standing Order No. 22-Girdawari
  17. Standing Order No.23-B Record of Rights and Jamabandi
  18. Standing Order No.23-A Mutations.
  19. The Jammu and Kashmir Muslim Personal Law (SHARIAT) Application Act 2007.
End Notes:
  1. OWP No: 515/2002: 2007(2) JKJ HC-83.
  2. 2005 (II) SLJ 785, 2006 (2) KLJ 384.
  3. 2009 KLJ 140, 2009 KLJ 531.
  4. AIR 1926 PC 100

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